Quarantine (Animals) Regulations (Amendment)

Legislation au C2004L00625 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1958. No. 35

REGULATIONS UNDER THE QUARANTINE ACT 1908-1950.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1950.

Dated this 22nd

day of May, 1958.

Governor-General.

By His Excellency’s Command,

(Sgd.) Donald A. Cameron

Minister of State for Health.

Amendments of the Quarantine (Animals) Regulations.

Horses, asses and mules from Great Britain, Northern Ireland or the Republic of Ireland.

1. Regulation 11 of the Quarantine (Animals) Regulations is amended by inserting after paragraph (a) the following paragraph:—

“(aa) a certificate by a Government veterinary surgeon certifying that, after due inquiry, he is satisfied as to the truth of the declaration referred to in the last preceding paragraph;”.

Cattle from New Zealand.

2. Regulation 15 of the Quarantine (Animals) Regulations is amended by omitting from sub-paragraph (i) of paragraph (a) the words “period of sixty days” and inserting in their stead the words “period of six months”.

Cattle from Great Britain, Northern Ireland or the Republic of Ireland.

3. Regulation 16 of the Quarantine (Animals) Regulations is amended—

(a) by omitting sub-paragraph (iv) of paragraph (a) and inserting in its stead the following sub-paragraph:—

“(iv) that the animal has, during the period of two months next preceding the date of shipment, been subjected to a complement fixation test for Johne’s disease and, after that test, to an intradermal mammalian tuberculin test and an intradermal avian tuberculin test; and”; and

* Notified in the Commonwealth Gazette on      1958.

† Statutory Rules 1935, No. 71, as amended by Statutory Rules, 1936, No. 37; 1937, No. 69; 1938, No. 95; 1939, No. 139; 1941, No. 83; 1942, No. 61; 1944, No. 184; 1946, No. 17; 1950, No. 95; 1953, No. 15; 1955, No. 10; and 1956, Nos. 36, 65 and 111.

6706/57.Price 5d. 9/7.3.1958.


(b) by omitting paragraphs (b) and (ba) and inserting in their stead the following paragraphs:—

“(b) a certificate by an approved veterinary surgeon certifying that, during the period of two months next preceding the date of shipment, he subjected the animal—

(i) to a complement fixation test for Johne’s disease; and

(ii) after that test, to an intradermal mammalian tuberculin test and an intradermal avian tuberculin test,

and obtained a negative result in each test;

“(ba) where the declaration by the owner states that the animal has been subjected to a blood test for brucellosis—a certificate by an approved veterinary surgeon certifying that a blood sample collected by him from the animal during the period of fourteen days next preceding, in the case of an animal shipped from England, the date of the animal entering the quarantine station, or, in any other case, the date of shipment, and submitted to the agglutination test for brucellosis at a laboratory proved negative;

“(bb) where the declaration by the owner states that the animal, being a female animal, was vaccinated with strain 19 brucellosis vaccine—a certificate by the veterinary surgeon specified by the owner in the declaration certifying that, on the date specified by the owner in the declaration, the veterinary surgeon vaccinated the animal with strain 19 brucellosis vaccine and that on that date the animal was between four months old and eight months old;”.

Obligations of owners of registered premises.

4. Regulation 58 of the Quarantine (Animals) Regulations is amended—

(a) by omitting paragraph (aa); and

(b) by adding at the end thereof the following sub-regulations:—

“ (2.) The owner of an A class registered zoological garden shall not remove from it, or permit to be removed from it, litter used in connexion with, or the manure of, any animal, except with the authority of, and in a manner and to a place approved by, the Chief Quarantine Officer.

“ (3.) The Chief Quarantine Officer may order the owner of an A class registered zoological garden to disinfect, or otherwise treat, litter used in connexion with, or the manure of, any animal specified in the order, and he may prohibit the removal of that litter or manure from an A class registered zoological garden.”.


Ship’s animals and skins.

5. Regulation 59 of the Quarantine (Animals) Regulations is amended by omitting from paragraph (f) the words “and of the next succeeding regulation” and inserting in their stead the words “,the next succeeding regulation and paragraph (c) of sub-regulation (1.) of the Quarantine (General) Regulations”.

Removal of skins, &c.

6. Regulations 60 and 61 of the Quarantine (Animals) Regulations are repealed and the following regulation is inserted in their stead:—

“60. The Master of a vessel that is at a port in Australia shall not permit or suffer a person to remove from that vessel the carcass, hide, skin or other part of an animal that has been killed or has died on that vessel, unless a quarantine officer has, by writing under his hand, consented to the removal.”.

Animal hair and bristles.

7. Regulation 79 of the Quarantine (Animals) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(5.) Where it is necessary to subject animal hair or bristles to a method of treatment referred to in sub-regulation (1.) of this regulation, the importer shall pay the fee in respect of that treatment specified in the Third Schedule.”.

Fertilizer and stock food of animal origin.

8. Regulation 85 of the Quarantine (Animals) Regulations is amended by inserting after the words “other than fertilizer and stock food derived from fish” the words “or whales”.

Fertilizer and stock food derived from fish or whales.

9. Regulation 85a of the Quarantine (Animals) Regulations is amended by inserting after the word “fish” (wherever occurring) the words “or whales”.

Expense of treatment and supervision.

10. Regulation 93 of the Quarantine (Animals) Regulations is repealed and the following regulation inserted in its stead:—

“93. The importer shall, if so required by an authorized person, provide all cartage, labour and material required in connexion with the removal, disinfection or other treatment of hides, skins, wool, hair, bristles, bones and other goods and of the disinfection or other treatment of any wharf, building or vehicle with which they came into contact, and if the whole or any part of the treatment is carried out under the direct control of an authorized person, the importer shall pay all expenses in connexion with that treatment, together with the fee specified in the Third Schedule.”.

Fees payable by importers.

11. Regulation 95 of the Quarantine (Animals) Regulations is amended—

(a) by inserting in sub-regulation (1.) after the word “animal” the words “or goods”; and


(b) by omitting from sub-regulation (5.) the words “,and where the importer provides both fodder and attendance, no fee shall be payable”.

Fees payable by exporters.

12. After regulation 96a of the Quarantine (Animals) Regulations the following regulation is inserted:—

“96b.—(1.) The fees specified in the Fourth Schedule are payable by the exporter of an animal of a kind specified in that Schedule in respect of the upkeep and sustenance of that animal whilst in a quarantine station.

“(2.) For the purposes of the Fourth Schedule, ‘consignment’ means any number of animals of the one kind exported by one person on one vessel to one country.

“(3.) Where the exporter of an animal provides all the fodder for that animal while the animal is in a quarantine station, the fee specified in the Fourth Schedule for the upkeep and sustenance of that animal shall be reduced by one-half.

“(4.) The exporter shall, if so required by the Chief Quarantine Officer, deposit with that officer, on account of the fee for the up-keep and sustenance of an animal, such sum as that officer requires, but not exceeding an amount equal to the daily charge in respect of that animal multiplied by the number of days that the animal is detained in a quarantine station.”.

Third Schedule.

13. The Third Schedule to the Quarantine (Animals) Regulations is amended—

(a) by adding at the end of item 2 the following item:—

 

“2a

Cattle while under quarantine surveillance—

 

 

 

 

 

 

(a) for each animal for the first six months of the period of quarantine surveillance or portion of that period

3

0

0

 

 

 

(b) for each animal for any further period

2

0

0

“; and

(b) by omitting item 6 and inserting in its stead the following items:—

 

“6

Disinfection of animal hair, bristles, feathers, furred skins and wool carried out at a quarantine station—

 

 

 

 

 

 

(a) (i) for each package not exceeding 1 lb. in weight .. ..

0

1

0

 

 

 

(ii) for each package exceeding 1 lb. in weight but not exceeding 20 lbs. in weight .. ..

0

2

6

 

 

 

(iii) for each package exceeding 20 lbs. in weight; ..

0

5

0

 

 

 

(b) for use of the steam disinfector ..

2

10

0

 

 

“7

Supervision by an authorized person of disinfection or treatment of goods in pursuance of regulation 93—

 

 

 

 

 

 

for each person .. .. ..

0

5

0

per hour ”,


Fourth Schedule.

14. After the Third Schedule to the Quarantine (Animals) Regulations the following schedule is added:—

The Fourth Schedule.

Regulation 96b.

SCALE OF FEES.

Matter in respect of which fee is payable.

Amount of fee per day.

 

£

s.

d.

Upkeep and sustenance of each animal of the following kinds whilst in a quarantine station—

 

 

 

Horses ............................................................

0

7

6

Cattle—

 

 

 

(a) Males two years old or over ..........................................

0

7

0

(b) Other cattle .....................................................

0

6

0

Swine .............................................................

0

3

0

Sheep and Goats—

 

 

 

(a) Males .........................................................

0

2

0

(b) Females—

 

 

 

(i) for each animal in a consignment of one to ten animals or for each of the first ton animals in a consignment of more than ten animals              

0

1

6

(ii) for each animal other than the first ten animals in a consignment of more than ten animals  

0

1

0

Cats—

 

 

 

(a) three months old or over .............................................

0

1

6

(b) less than three months old ............................................

0

0

9

Dogs—

 

 

 

(a) three months old or over .............................................

0

3

0

(b) less than three months old ............................................

0

1

6

Fowls, ducks, turkeys, geese, Guinea fowls ....................................

0

0

6

Any other poultry .....................................................

0

0

3

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1958 No. 35, titled "Regulations under the Quarantine Act 1908-1950," were enacted to address the need for updated and more stringent quarantine measures to protect Australia from the introduction of diseases through the importation of animals and animal products. The Regulations were made by the Governor-General in Council under the authority of the Quarantine Act 1908-1950, aiming to safeguard Australia’s agricultural industry and public health by enforcing stricter health checks and certification requirements for animals and animal products entering the country. These measures included enhanced testing protocols for specific diseases such as Johne's disease and brucellosis, and stricter controls on the removal of animal waste and carcasses from quarantine facilities. The policy objective was to prevent the spread of contagious diseases and ensure the safety and integrity of Australia's livestock and poultry industries.

Scope and Application

The Quarantine (Animals) Regulations, made under the Quarantine Act 1908-1950, apply to animals, animal products, and related materials that are subject to quarantine requirements to prevent the introduction and spread of diseases and pests into Australia. These regulations are intended to safeguard Australia’s biosecurity by imposing specific conditions and requirements on the importation and movement of animals and animal products, as well as the handling of animal waste and materials. The regulations govern the import and export of animals, including horses, asses, mules, cattle, and other livestock from specified countries such as Great Britain, Northern Ireland, the Republic of Ireland, and New Zealand. They set out the necessary health certifications, testing protocols, and treatment requirements for animals being imported. The regulations also apply to the owners of registered premises, requiring them to comply with specific rules concerning the disposal and removal of animal waste from zoological gardens. Additionally, the regulations cover the treatment and removal of animal carcasses, hides, skins, and other animal parts from ships arriving in Australia. Owners of such materials must obtain consent from a quarantine officer before removal. The regulations further address the treatment of animal hair, bristles, and animal-derived fertilizers and stock foods, including those derived from whales. The scope of these regulations extends across Australia, with the Commonwealth having jurisdiction over interstate and international trade and movement of animals and animal products. The application of these regulations is comprehensive, but certain exclusions and exemptions may apply depending on the specific context and nature of the animal or animal product involved. The regulations can be extended or modified through subordinate instruments, allowing for adjustments in response to new biosecurity threats or changes in international trade practices.

Key Provisions

The primary operative sections of the Quarantine (Animals) Regulations 1958 (Cth) pertain to the importation and quarantine of animals, particularly horses, asses, mules, cattle, and other animals from specific countries, such as Great Britain, Northern Ireland, the Republic of Ireland, and New Zealand. For instance, Regulation 11 (paragraph (aa)) requires a certificate from a government veterinary surgeon confirming the animal's health status, while Regulation 16 (paragraph (b)) mandates specific testing for diseases such as Johne’s disease, brucellosis, and tuberculosis. Regulation 58 imposes obligations on owners of registered premises, particularly those classified as A class zoological gardens, by restricting the removal of animal litter or manure and requiring disinfection orders from the Chief Quarantine Officer. Additionally, Regulations 60 and 61 address the removal of carcasses and skins from vessels, demanding the consent of a quarantine officer. These regulations impose several obligations on the parties involved. Owners of animals must ensure their animals meet the specific health requirements and tests as stipulated, including providing certificates from approved veterinary surgeons. Importers are required to pay fees for the treatment of animal products and to cover the costs associated with the removal, disinfection, or treatment of animal products and associated areas. Exporters must pay fees for the upkeep and sustenance of animals in quarantine stations, as outlined in the Fourth Schedule. The Chief Quarantine Officer has the authority to issue orders for disinfection and to prohibit the removal of animal litter or manure from registered premises. Violations of these regulations can result in civil and criminal consequences. For instance, failure to comply with the removal restrictions for animal litter or manure from registered premises could result in penalties under the Quarantine Act 1908 (Cth). The maximum penalties for offences under the Quarantine Act typically include fines and imprisonment. The specifics of the penalties would depend on the nature and severity of the offence, but they could include substantial fines and imprisonment terms as prescribed by the relevant legislation.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Enforcement Powers
Fees payable by importers
Fees payable by exporters

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.